If spouse/widow changed all assets to non-probate assets, by P.O.A.. does estate of decedent become Intestate

Question

If spouse/widow changed all assets to non-probate assets, by P.O.A.. does estate of decedent become Intestate

Answer

This answer depends on many factors. The transfers may be set aside if done outside a plan of distribution, or by fraud, duress, etc. If there is a will, then the estate is a no-asset estate. Intestate means there is no will. If the non-probate assets are assets with beneficiary designations or rights of survivorship, the will will need to be filed with the District Court, but the estate may not necessarily need to be probated.